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2000 MarsdenLR 1778

ABDUL MALIK ISHAK
CHAN MIN SWEE – Appellant
Versus
MELAWANGI SDN BHD – Respondent


Advocates:
For the plaintiff - Soo San San; M/s Paul Ong & Assoc For the defendant - Ahmad Moosdeen; M/s Chan, Moosdeen & Partners

Table of Content
1. facts about assignment and implications on legal standing. (Para 3 , 4)
2. legal arguments presented by both parties. (Para 5 , 6)
3. court observations on the implications of assignments. (Para 7)
4. ratio decidendi framed by the court. (Para 8 , 9 , 10)
JUDGMENT

Abdul Malik Ishak J:

Introduction

In encl. 7, the defendant applied on 7 December 1999 to strike out the plaintiff's claim under O. 18 r. 19(1)(b) of the Rules of the High Court ("RHC") - on the ground that it was scandalous, frivolous or vexatious, and also under the inherent jurisdiction of the court. The application was supported by an affidavit of Tan Boon Chuan that was affirmed on 17 November 1999 as reflected in encl. 6. The plaintiff naturally opposed the application and through Chan Min Swee affirmed an affidavit in reply on 8 December 1999 as seen in encl. 8. On 15 February 2000, the senior assistant registrar ("SAR") heard the defendant's application in encl. 7 and dismissed it with costs. Being aggrieved, the defendant appealed to the judge in chambers on 16 February 2000 which was also filed on the same date and this can be seen in encl. 9.

The Undisputed Facts

Within a short compass, the fact

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